The appointment of a prosecutor does not invalidate due to private opinions, provided they do not influence his public duties.

JUDGMENT

Abu Bakar Jais JCA:

Introduction

[1] The appellant filed a motion at the High Court to essentially challenge one Gopal Sri Ram's appointment as the Senior Deputy Public Prosecutor and to disqualify him from that post. The High Court had dismissed the motion.

[2] Thereafter, the appellant appealed against that decision of the High Court. We dismissed the appeal and now will give our reasons for doing so.

Background Facts

[3] The appellant was the Prime Minister of Malaysia. After the fourteenth general election ("14th GE"), the appellant ceased to hold that office after his political party in an alliance with other political parties, Barisan Nasional, was defeated in the 14th GE. That is not only the event well known. Soon after ceasing being the Prime Minister, a few criminal prosecutions were initiated against the appellant by the Public Prosecutor cum Attorney General.

[4] The Attorney General ("AG") then that directed or ordered for these prosecutions was one Tommy Thomas ("TT"). He became the AG not long after the appellant was ousted from office, soon after 14th GE, under the new government headed by Tun Mahathir Mohamad ("Tun Mahathir"). TT became the AG for only about two years. He resigned soon after or soon before that government itself collapsed. TT was practising law before being appointed as AG. After his appointment as AG, he then appointed Gopal Sri Ram ("GSR") as the Senior Deputy Public Prosecutor ("SDPP"). As SDPP, GSR is entrusted to head the prosecution team to prosecute the appellant.

[5] TT issued the letter of appointment as SDPP for GSR. What was stated in this letter by TT, became part of the contention of the appellant that GSR was also involved in the investigation against the appellant, thus disqualifying him from remaining as SDPP. The excerpt of that letter of appointment is as follows:

Re: 1MDB Prosecution

In the exercise of my discretion under s 376(3) of the Criminal Procedure Code , I am pleased to appoint you as Senior Deputy Public Prosecutor to spearhead the investigation of numerous fraudulent deals connected with the affairs of the IMalaysia Development Berhad ("1MDB") Group of companies and the prosecution of the principal personalities responsible for such massive fraud.

[Emphasis Added]

[6] As if that is not enough, the AGC under TT had issued a media release, which again highlighted GSR's role in the investigation of 1MDB's cases where the appellant became the accused. It states as follows:

5. It is public knowledge that investigation papers (IPs) into the numerous fraudulent deals connected to the 1MDB affair have not been submitted to Chambers by the MACC and the police (save for one IP concerning Jho Low, which resulted in charges and the issue of warrants of arrest against him and his father last week). Upon receipt of the IPs from the investigating agencies, this office is required to study them, prepare charges and prosecute the alleged accused at trial. In order to spearhead this entire process, I am pleased to announce the appointment of Datuk Seri Gopal Sri Ram as Senior Deputy Public Prosecutor pursuant to s 376(3) of the CPC .

6. Datuk Seri Sri Ram, a retired Federal Court Judge, has returned to active practice. He has substantial experience in criminal law matters. His strong and determined personality will no doubt enhance the investigation and prosecution in all matters pertaining to the 1MDB scandal.

[Emphasis Added]

[7] This also became fodder for the appellant to argue that indeed GSR was assigned for the investigation that would later involve the appellant. This media release was used by the appellant to support his motion for the disqualification of GSR as the SDPP.

[8] TT's predecessor as AG was one Mohamed Apandi Ali ("MAA"). MAA became AG when the appellant was the Prime Minister. He ceased becoming the AG when Tun Mahathir ousted the appellant. It is significant to note this because of the meeting between MAA and GSR at the former's house before the latter became the S